council of the european union

Ananth Saran Yalamarthy | Kapadi Saish Guruprasad

The Main Institutions of the European Union

- Subject of today’s discussion- Not to be confused with the European Council!

History OrganizationRole

Configurations Decision Making

1 2 3

4 5

History

ECSC

Special Council of ministers

Treaties of Rome

The Council of EAEC

The Council of EEC

Merger Treaty(1967)

ECSC's Special Council of Ministers

Council of EEC

Council of the EAEC

Maastricht Treaty (1993)

Council of EU

ECSC

• Coordination between high authority and the member states

• In some cases, monitoring the high authority

ECSC to EEC

• Commission set up to replace the High authority

• Significant transferral of power in favor of the Council

• Member states now had a greater say

From SEA to Maastricht treaty

• more decisions using qualified-majority voting in the Council

Treaty of Nice

• Weighting of votes in the Council

A historical perspective on the role of Council

Role

1• Adopt proposals

2• Initiate legislation concerning foreign and security policy

3• Shape EU budget

4• Coordinate national policies

5• Conclude international agreements

Legislation

The Decision-making

triangle

Council of ministers

European Commission

European Parliament

Member states government

Collective European interest EU citizens

Common Foreign and Security PolicyOther policy areas(Ordinary Legislative Procedure)

Intergovernmentalism

1• Initiates new policy

lines

2• Coordination among

member states

3• High representatives

may make proposal The Decision-making

triangle

European Commission

European Parliament

Council of Ministers

Budget Authorization

Import duties

Value AddedTax

Transfer fromMember States

Sources Budget of 140 billion Euros

Use of annual budget

AgriculturalSubsidies

Development

CommonForeign Policy

Administration

The Decision-

making triangle

European Commission

European Parliament

Council of ministers

Draft Budget

Draft Budget

Amendments

Budget Adopted

Conciliation Committee

Ordinary LegislativeProcedure

Coordination of national policies

1• National competence retained

2• Common goals set

3• Open method of coordination

4• Non binding policy guidelines

Other Roles

Conclusion of International Agreements

• With Non-EU countries and international organizations

• Council may give a mandate to the European commission

Common Foreign and Security

Policies

Organization

Organization

COREPER Council

Presidency

Configurations

Organization of the Council

Presidency of the Council

Rotation after every 6 months Competent ministers of the presiding member state chair the respective

council configurations

Presidency and its influence

1• Administrative tasks

2• Setting political priorities

3

• Mediate between other member states to resolve controversy

4

• Represents council in conciliation committee

The Presidency table

Rotation of Presidencies: Good or Bad?

Rotation of Presidencies: Good or Bad?

FOR AGAINST

Allows leaders of member states to convene meetings and launch initiatives on issues of national interest

EU is huge- so is the workload, difficult to handle for a small country such as Cyprus

Allows countries/leaders to earn prestige and credibility

Countries take nearly forever to get the presidency back- with 28 states, the waiting period is about 14 years!!

Allows small EU countries to directly interact with other world leaders

Makes the EU feel closer to home for the country holding the presidency

Regulations

• Most Powerful

• Directly applicable, binding in entirety

• Take immediate effect on a specified date

• Narrow in intent

• Designed to adjust existing laws

Directives

• Binding in terms of goals

• Member states need to decide how they will achieve those goals

• Include a date by which action is expected

• Member states need to inform Commission about their activities

• Example: Directive to reduce pollution from large industrial plants

Decisions

• Binding in entirety, though fairly specific in intent

• Aimed at specific member states, institutions, or even individuals

• Make changes to powers of Institutions

• Internal administrative matters

• Example:. Setting standard prices for vegetables

Recs & Opinions

• No binding force!

• Used to test reaction to a new EU policy

• Used to persuade /provide interpretation on the application of regulations, directives and decisions

• Example: Express a view to a member state

The Council Configurations

The Configurations

FACECOFI

N

AGRIFISH

JHA

EPSCO

COCOM

TTE

ENVI

EYC

GAC

Peace and Security

Sustainable Develpment

Solidarity amongst citizens

Free and Fair Trade

Eradicate Poverty

Human RightsObserve

International Law

Each council consists of national ministers of particular policy area

Relevant Commissioner attends

Frequency depends on importance of council issues

EU EnlargementProposals for

new laws

Prepares the dossier for the

European Council

Coordinates the work of the other 9 configurations

The most important council configuration

Responsible for all policy areas that the rest of the configurations do not cover

Responsible for the multi-annual budgetary perspective

Action Areas

CFSP+CDSP TradeDevelopment Cooperation

Humanitarian Aid

Action Areas

Most Unique Configuration- Chaired by the “Foreign Minister for the EU”- The High Representative

Sensitive area, hence voting is by unanimity instead of QMV

Ministers try to agree on a “Common European Position” in all Foreign Policy Matters

Unlike other decisions, the Parliament and the Commission have almost no say

Example: The FAC held an emergency meeting on March 3rd ’ 2014 to oppose the Russian deployment of armed forces in Crimea.

Economic Policy Co-ordination

Economic Surveillance

Monitor Member States

Budgets

Monitor Public Finances

EuroFinancial

Markets/Capital Movement

Economic Relations with

Third Countries

Action Areas

Voting happens by QMV, except for fiscal policy-Unanimity

Prepares the budget along with the European Parliament

Decisions regarding the Euro are only taken by countries which have the Euro as the currency

CAPInternal

Market RulesForestry

Quality of food/food

safety

CFPSetting up of

Total Allowable Catches(TAC)

Quotas for each species

Fishing effort limits

Action Areas

Legislation Process: Prior to the Council

COUNCIL COREPER

Heads of diplomatic missions from the member states to the EU-Prepare themeetings of the Council

Chaired by the Presidency of the Council of the European Union

Acts like a link between Brussels and National Governments-conveys views ofnational governments, and also keeps them up-to-date about the developments inBrussels

COREPER

COREPER I COREPER IISpecialized Committees

Working groups

Specialized Committees

Working groups

Senior diplomats from

EU Member States

COREPER

II: Heads of Delegations

I: Deputy Heads of Delegations

Chair: Member State holding Presidency

Lower ranking officials, specializedissues

All issues not covered in COREPER II

High ranking officials Most important issues concerning

- External Relations- Economic Policy- Judicial Matters- Covers GAC, ECONFIN and JHA

Both I and II prepare the council’s agenda, and try to reach a consensus on as many points as possible

Both I and II prepare and perform a preliminary scrutiny of the council’s agenda, and try to reach a consensus on as many points as possible so that the council’s work is easy

COREPER

Committees

Working groups

Council

Committees and Working groups have significant indirect influence in decision making, as they are the people who make the initial standpoint on a legislation

Committees Focus on highly specialized issues Political and Security Committee Special Committee on Agriculture(SCA Respond to suggestions made by the

Parliament as part of OLP

Working groups Made up of National Diplomats Around 200 to 300 groups work at any

given point of time, on a wide array ofissues

Report directly to the COREPER or theSCA

Ultimately, the COREPER will influence how the Council will handle a certain matter

Items in the Council’s agenda are divided into 3 categories:

A Items

The COREPER has reached a consensus. The Council does not need to discuss in detail.

Council can still reject

I Items

No Ministerial decision is required

B Items

The COREPER has NOTreached a consensus. The Council needs to discuss

Usually returned back!

Legislation Process: Within the Council

Simple Majority

UnanimityQualified

Majority Vote

Commercial Competition

Internal Market

Default since treaty of Lisbon>90% of decisions

Triple Majority- # Votes /Member State (>260/352)- # Member States (>15/28)- Population they represent (>62%)

Double Majority (w.e.f Nov ‘14)- 1 vote per country- # Member States (>55%)- Population they represent (>65%)- Blocking Minority

CFSP Taxation

Change Commission

Proposals

Amending Founding Treaties

EU ExpansionSeats of EU Institutions

Tenet of Intergovernmentalism

Internal Council Rules

Procedural Issues

>15 out of 28 member states

Concept of the Council of the EU: Good or Bad?

Concept of the Council of the EU: Good or Bad?

FOR AGAINST

Enables decision-making to remain in the hands of state ministers

Council meetings can happen in secret on issues that do not relate to legislation

Council more accountable than Commission-ministers answerable to national parliaments

QMV system means countries have decisions forced upon them

Intergovernmental in nature, balances the supranational power of the EU

"The EU is the only legislature in the world, except North Korea, that still makes laws in secret." - Open letter from British Conservative MEPs to the EU, September 2005.

Websites:http://www.eutraining.eu/demo.php?ID=Council%20final&course_id=7http://dadalos.org/www.wikipedia.comhttp://www.consilium.europa.eu/homepagehttps://www.youtube.com/watch?v=Av2sI0dHXpQhttps://www.youtube.com/watch?v=K-cRJr7mWw4

Books: Understanding the European Union: A Concise Introduction (The European

Union Series) [Paperback]- John McCormick

THANK YOU!

COUNCIL

Specialized Committees

COREPERWorking Groups

Last step: Voting in the Council

Compromise Diplomacy

Bargaining

Decisions in the council heavily motivated by national political interests

Views of ministers ideologically driven, authority will depend on the strength/ stability of the governing party at home

Does not have the same structural regularity that the commission enjoys